Certain Underwriters at Lloyds, London v. Arch Specialty Insurance

Opinion

HULL, J. —

Two insurers shared indemnification costs to settle claims made against mutual insureds in underlying construction defect litigation brought by third parties. But one insurer — defendant Arch Specialty Insurance Company (Arch) — refused to share the costs to defend the insureds in the underlying litigation. The other insurer — plaintiff Certain Underwriters at Lloyds, London (Underwriters) — paid all defense costs and now seeks equitable contribution from Arch. In ruling on cross-motions for summary judgment/adjudication (Code Civ. Proc., § 437c), the trial court concluded…